Application for an Incidental Take Permit; Habitat Conservation Plan and Draft Environmental Assessment for Wildhorse Mountain Wind Project, Pushmataha County, Oklahoma, 48243-48244 [2021-18450]
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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Notices
implementation of the covered activities
described in the draft HCP. We will
make the final permit decision no
sooner than 30 days after publication of
this notice in the Federal Register.
Authority
We publish this notice in compliance
with section 10(c) of the Endangered
Species Act (16 U.S.C. 1531–1544 et
seq.) and its implementing regulations
at 40 CFR 17.22 and 17.32; and in
furtherance of objectives under the
National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321–4347
et seq.), and its implementing
regulations at 40 CFR 1500–1508.
Kim S. Turner,
Acting Field Supervisor, Sacramento Fish and
Wildlife Office, Sacramento, California.
[FR Doc. 2021–18449 Filed 8–26–21; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2020–N156;
FXES11140200000–212–FF02ENEH00]
Application for an Incidental Take
Permit; Habitat Conservation Plan and
Draft Environmental Assessment for
Wildhorse Mountain Wind Project,
Pushmataha County, Oklahoma
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of a draft environmental
assessment (dEA) under the National
Environmental Policy Act (NEPA), and
application for an incidental take permit
(ITP) supported by a habitat
conservation plan (HCP) for the
operation of an existing wind facility,
the Wildhorse Mountain Wind project
(project), in Pushmataha County,
Oklahoma. Wildhorse Wind Energy,
LLC (Applicant) has applied for an ITP
under the Endangered Species Act of
1973, as amended. The requested ITP,
which would be in effect for a period of
30 years, if granted, would cover
incidental take of the federally
endangered Indiana bat and threatened
northern long-eared bat. The potential
incidental take would be associated
with activities associated with the
operation of the existing wind project.
We invite public comments on the
permit application, proposed HCP, and
dEA.
DATES: Submission of Comments: We
will accept comments received or
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:52 Aug 26, 2021
Jkt 253001
postmarked on or before September 27,
2021.
ADDRESSES:
Obtaining documents: The documents
this notice announces are available for
public inspection by any of the
following means.
Internet: You may obtain electronic
copies of the dEA and HCP on the
Oklahoma Field Office website at https://
www.fws.gov/southwest/es/oklahoma/.
U.S. Mail: You may obtain the
documents at the following addresses.
In your request for documents, please
note that your request is in reference to
the Wildhorse Mountain Wind Project
HCP and dEA.
• EA and HCP: A limited number of
CD–ROM and printed copies of the EA
and HCP are available, by request, from
Ken Collins, Acting Field Supervisor,
Oklahoma Ecological Services Field
Office, Tulsa OK, telephone 918–581–
7458.
• The ITP application is available by
mail from the Regional Director, U.S.
Fish and Wildlife Service, P.O. Box
1306, Room 6034, Albuquerque, NM
87103.
Submitting Comments
You may submit written comments by
one of the following methods:
• Email: okes_nepa@fws.gov; or
• Facsimile: 918–581–7467, Attn:
OKES Wildhorse Mountain Wind
Project HCP EA.
• U.S. mail: Field Supervisor,
Oklahoma Ecological Services Field
Office, 9014 East 21st Street, Tulsa,
Oklahoma 74129–1428.
Please specify that your information
request or comments concern the
Wildhorse Mountain Wind Project EA/
HCP.
FOR FURTHER INFORMATION CONTACT: Ken
Collins, by U.S. mail at the U.S. Fish
and Wildlife Service, Oklahoma
Ecological Services Field Office (at the
Tulsa street address above), or by phone
at 918–581–7458. If you use a
telecommunications device for the deaf
(TDD), please call the Federal
Information Relay Service at 800–877–
8339.
SUPPLEMENTARY INFORMATION: The
Applicant has applied to the Service for
an ITP under section 10(a)(1)(B) of the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.).
The requested ITP, which would be in
effect for a period of 30 years, if granted,
would authorize incidental take of the
federally endangered Indiana bat
(Myotis sodalis) and threatened northern
long-eared bat (Myotis septentrionalis)
during the operation of an existing wind
facility in Pushmataha County,
Oklahoma.
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
48243
In total, the plan area is 13,731.6
acres, including the 13,641.6-acre wind
facility and an off-site mitigation area
(90 acres of contiguous forested habitat
in Pushmataha County). The facility,
constructed in 2019, consists of 29 wind
turbines, with a total generating
capacity of 100 megawatts.
Activities potentially causing take
include the operation of the existing 29
wind turbines. The Applicant has
proposed a HCP that would be
implemented to address project impacts
to the Indiana bat and northern longeared bat.
We are notifying the public of the
Applicant’s proposal of an HCP and
request to the Service for an ITP to cover
incidental take of the Indiana bat and
northern long-eared bat associated with
the operation of the Wildhorse
Mountain Wind facility. In addition, we
are notifying the public of the Service’s
preparation of a dEA regarding impacts
of the requested action or feasible
alternatives, of an opportunity for
public comment on our action, and of
our intention to finalize the
environmental assessment after
consideration of public comment.
Background
Section 9 of the ESA prohibits ‘‘take’’
of fish and wildlife species listed as
endangered or threatened (16 U.S.C.
1531–1544). Under section 3 of the ESA,
the term ‘‘take’’ means to harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to
engage in any such conduct (16 U.S.C.
1532(19)). The term ‘‘harm’’ is further
defined by regulation as an act which
actually kills or injures wildlife. Such
acts may include significant habitat
modification or degradation where it
actually kills or injures wildlife by
significantly impairing essential
behavioral patterns, including breeding,
feeding, or sheltering (50 CFR 17.3).
Under section 10(a)(1)(B) of the ESA,
the Secretary of the Interior may
authorize the taking of federally listed
species if such taking occurs incidental
to otherwise legal activities and where
a conservation plan has been developed
under ESA section 10(a)(2)(A) that
describes (1) the impact that will likely
result from such taking; (2) the steps an
Applicant will take to minimize and
mitigate that take to the maximum
extent practicable, and the funding that
will be available to implement such
steps; (3) the alternative actions to such
taking that an Applicant considered and
the reasons why such alternatives are
not being utilized; and (4) other
measures that the Service may require
as being necessary or appropriate for the
purposes of the plan. Issuance criteria
E:\FR\FM\27AUN1.SGM
27AUN1
48244
Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Notices
under section 10(a)(2)(B) for an
incidental take permit requires the
Service to find that (1) the taking will
be incidental to otherwise lawful
activities; (2) an Applicant will, to the
maximum extent practicable, minimize
and mitigate the impacts of such taking;
(3) an Applicant has ensured that
adequate funding for the plan will be
provided; (4) the taking will not
appreciably reduce the likelihood of the
survival and recovery of the species in
the wild; and (5) the measures, if any,
we require as necessary or appropriate
for the purposes of the plan will be met.
Regulations governing permits for
endangered and threatened species are
at 50 CFR 17.22 and 17.32, respectively.
lotter on DSK11XQN23PROD with NOTICES1
Proposed Action
The proposed action is the issuance of
a 30-year ITP to authorize incidental
take of up to 8 Indiana bats and 48
northern long-eared bats during the ITP
term, resulting from activities covered
by the HCP and associated with the
operation of the existing Wildhorse
Mountain Wind Project in Pushmataha
County, Oklahoma. The plan area is
13,731.6 acres, of which 90 acres are
protected mitigation lands to offset the
impacts of the project.
The proposed HCP, which must meet
the requirements in section 10(a)(2)(A)
of the ESA, was developed in
coordination with the Service and
would be implemented by the
Applicant. The proposed action will
allow for the Applicant to comply with
the ESA, and their renewable windgenerated energy would be made
available to public utilities. Covered
activities in the HCP include the
operation of 29 wind turbines and the
conservation and preservation of 90
acres, called the mitigation area. The
Applicant proposes to minimize and
mitigate impacts to the Indiana bat and
northern long-eared bat through
conservation measures identified in the
HCP.
Alternatives
We considered one alternative to the
proposed action as part of the
environmental assessment process: The
no-action alternative. The no-action
alternative represents estimated future
conditions without the issuance of an
ITP. The no-action alternative
represents the status quo.
Under the no-action alternative, the
Service would not issue the ITP. The
no-action alternative would be
implemented if the Service denies
issuance of a permit or if the Applicant
chooses to abandon pursuing an ITP.
The Applicant would operate the
project without an ITP and would risk
VerDate Sep<11>2014
17:52 Aug 26, 2021
Jkt 253001
not being in compliance with section 9
of the Endangered Species Act if
implementation of covered activities
results in take of the Indiana bat or the
northern long-eared bat without the use
of a 4(d) rule.
Next Steps
Public Availability of Comments
Written comments we receive become
part of the public record associated with
this action. Requests for copies of
comments will be handled in
accordance with the Freedom of
Information Act, NEPA, and Service and
Department of the Interior policies and
procedures. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that the entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Authority
We provide this notice under the
authority of section 10(c) of the ESA and
its implementing regulations (50 CFR
17.22 and 17.32) and NEPA (42 U.S.C.
Frm 00131
Amy L. Lueders,
Regional Director, Southwest Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2021–18450 Filed 8–26–21; 8:45 am]
BILLING CODE 4333–15–P
We will evaluate the permit
application, associated documents, and
comments we receive to determine
whether the permit application meets
the requirements of the ESA, NEPA, and
implementing regulations. If we
determine all requirements are met, we
will approve the HCP and issue the ITP
under section 10(a)(1)(B) of the ESA to
the Applicant, Wildhorse Mountain
Wind Energy, LLC, for take of Indiana
bat and northern long-eared bat in
accordance with the terms of the HCP
and specific terms and conditions of the
authorizing permit. We will not make
our final decision until after the end of
the 30-day public comment period, and
we will fully consider all comments we
receive during the public comment
period.
PO 00000
4371 et seq.) and its implementing
regulations (40 CFR 1506.6).
Fmt 4703
Sfmt 4703
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NRSS–NPS0031626;
PPWONRADE3, PPMRSNR1Y.NM0000 (211);
OMB Control Number 1024–NEW]
Agency Information Collection
Activities; Socioeconomic Monitoring
Study of National Park Service Visitors
National Park Service, Interior.
Notice of Information
Collection; request for comment.
AGENCY:
ACTION:
In accordance with the
Paperwork Reduction Act of 1995 we,
the National Park Service (NPS), are
proposing a new information collection.
DATES: Interested persons are invited to
submit comments on or before October
26, 2021.
ADDRESSES: Send your comments on
this information collection request (ICR)
by mail to Phadrea Ponds, NPS
Information Collection Clearance
Officer, 1201 Oakridge Drive, Fort
Collins, CO 80525; or by email to
phadrea_ponds@nps.gov. Please
reference Office of Management and
Budget (OMB) Control Number 1024–
NEW (SEM) in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Bret Meldrum by email
at bret_meldrum@nps.gov, or by
telephone at 970–267–7295. Individuals
who are hearing or speech impaired
may call the Federal Relay Service at 1–
800–877–8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (PRA) and 5 CFR
1320.8(d)(1), all information collections
require approval under the PRA. We
may not conduct or sponsor and you are
not required to respond to a collection
of information unless it displays a
currently valid OMB control number.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies to comment on new,
proposed, revised, and continuing
collections of information. This helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. It also
SUMMARY:
E:\FR\FM\27AUN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Notices]
[Pages 48243-48244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18450]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2020-N156; FXES11140200000-212-FF02ENEH00]
Application for an Incidental Take Permit; Habitat Conservation
Plan and Draft Environmental Assessment for Wildhorse Mountain Wind
Project, Pushmataha County, Oklahoma
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a draft environmental assessment (dEA) under the
National Environmental Policy Act (NEPA), and application for an
incidental take permit (ITP) supported by a habitat conservation plan
(HCP) for the operation of an existing wind facility, the Wildhorse
Mountain Wind project (project), in Pushmataha County, Oklahoma.
Wildhorse Wind Energy, LLC (Applicant) has applied for an ITP under the
Endangered Species Act of 1973, as amended. The requested ITP, which
would be in effect for a period of 30 years, if granted, would cover
incidental take of the federally endangered Indiana bat and threatened
northern long-eared bat. The potential incidental take would be
associated with activities associated with the operation of the
existing wind project. We invite public comments on the permit
application, proposed HCP, and dEA.
DATES: Submission of Comments: We will accept comments received or
postmarked on or before September 27, 2021.
ADDRESSES:
Obtaining documents: The documents this notice announces are
available for public inspection by any of the following means.
Internet: You may obtain electronic copies of the dEA and HCP on
the Oklahoma Field Office website at https://www.fws.gov/southwest/es/oklahoma/.
U.S. Mail: You may obtain the documents at the following addresses.
In your request for documents, please note that your request is in
reference to the Wildhorse Mountain Wind Project HCP and dEA.
EA and HCP: A limited number of CD-ROM and printed copies
of the EA and HCP are available, by request, from Ken Collins, Acting
Field Supervisor, Oklahoma Ecological Services Field Office, Tulsa OK,
telephone 918-581-7458.
The ITP application is available by mail from the Regional
Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 6034,
Albuquerque, NM 87103.
Submitting Comments
You may submit written comments by one of the following methods:
Email: [email protected]; or
Facsimile: 918-581-7467, Attn: OKES Wildhorse Mountain
Wind Project HCP EA.
U.S. mail: Field Supervisor, Oklahoma Ecological Services
Field Office, 9014 East 21st Street, Tulsa, Oklahoma 74129-1428.
Please specify that your information request or comments concern
the Wildhorse Mountain Wind Project EA/HCP.
FOR FURTHER INFORMATION CONTACT: Ken Collins, by U.S. mail at the U.S.
Fish and Wildlife Service, Oklahoma Ecological Services Field Office
(at the Tulsa street address above), or by phone at 918-581-7458. If
you use a telecommunications device for the deaf (TDD), please call the
Federal Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: The Applicant has applied to the Service for
an ITP under section 10(a)(1)(B) of the Endangered Species Act of 1973,
as amended (ESA; 16 U.S.C. 1531 et seq.). The requested ITP, which
would be in effect for a period of 30 years, if granted, would
authorize incidental take of the federally endangered Indiana bat
(Myotis sodalis) and threatened northern long-eared bat (Myotis
septentrionalis) during the operation of an existing wind facility in
Pushmataha County, Oklahoma.
In total, the plan area is 13,731.6 acres, including the 13,641.6-
acre wind facility and an off-site mitigation area (90 acres of
contiguous forested habitat in Pushmataha County). The facility,
constructed in 2019, consists of 29 wind turbines, with a total
generating capacity of 100 megawatts.
Activities potentially causing take include the operation of the
existing 29 wind turbines. The Applicant has proposed a HCP that would
be implemented to address project impacts to the Indiana bat and
northern long-eared bat.
We are notifying the public of the Applicant's proposal of an HCP
and request to the Service for an ITP to cover incidental take of the
Indiana bat and northern long-eared bat associated with the operation
of the Wildhorse Mountain Wind facility. In addition, we are notifying
the public of the Service's preparation of a dEA regarding impacts of
the requested action or feasible alternatives, of an opportunity for
public comment on our action, and of our intention to finalize the
environmental assessment after consideration of public comment.
Background
Section 9 of the ESA prohibits ``take'' of fish and wildlife
species listed as endangered or threatened (16 U.S.C. 1531-1544). Under
section 3 of the ESA, the term ``take'' means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to
engage in any such conduct (16 U.S.C. 1532(19)). The term ``harm'' is
further defined by regulation as an act which actually kills or injures
wildlife. Such acts may include significant habitat modification or
degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including
breeding, feeding, or sheltering (50 CFR 17.3).
Under section 10(a)(1)(B) of the ESA, the Secretary of the Interior
may authorize the taking of federally listed species if such taking
occurs incidental to otherwise legal activities and where a
conservation plan has been developed under ESA section 10(a)(2)(A) that
describes (1) the impact that will likely result from such taking; (2)
the steps an Applicant will take to minimize and mitigate that take to
the maximum extent practicable, and the funding that will be available
to implement such steps; (3) the alternative actions to such taking
that an Applicant considered and the reasons why such alternatives are
not being utilized; and (4) other measures that the Service may require
as being necessary or appropriate for the purposes of the plan.
Issuance criteria
[[Page 48244]]
under section 10(a)(2)(B) for an incidental take permit requires the
Service to find that (1) the taking will be incidental to otherwise
lawful activities; (2) an Applicant will, to the maximum extent
practicable, minimize and mitigate the impacts of such taking; (3) an
Applicant has ensured that adequate funding for the plan will be
provided; (4) the taking will not appreciably reduce the likelihood of
the survival and recovery of the species in the wild; and (5) the
measures, if any, we require as necessary or appropriate for the
purposes of the plan will be met. Regulations governing permits for
endangered and threatened species are at 50 CFR 17.22 and 17.32,
respectively.
Proposed Action
The proposed action is the issuance of a 30-year ITP to authorize
incidental take of up to 8 Indiana bats and 48 northern long-eared bats
during the ITP term, resulting from activities covered by the HCP and
associated with the operation of the existing Wildhorse Mountain Wind
Project in Pushmataha County, Oklahoma. The plan area is 13,731.6
acres, of which 90 acres are protected mitigation lands to offset the
impacts of the project.
The proposed HCP, which must meet the requirements in section
10(a)(2)(A) of the ESA, was developed in coordination with the Service
and would be implemented by the Applicant. The proposed action will
allow for the Applicant to comply with the ESA, and their renewable
wind-generated energy would be made available to public utilities.
Covered activities in the HCP include the operation of 29 wind turbines
and the conservation and preservation of 90 acres, called the
mitigation area. The Applicant proposes to minimize and mitigate
impacts to the Indiana bat and northern long-eared bat through
conservation measures identified in the HCP.
Alternatives
We considered one alternative to the proposed action as part of the
environmental assessment process: The no-action alternative. The no-
action alternative represents estimated future conditions without the
issuance of an ITP. The no-action alternative represents the status
quo.
Under the no-action alternative, the Service would not issue the
ITP. The no-action alternative would be implemented if the Service
denies issuance of a permit or if the Applicant chooses to abandon
pursuing an ITP. The Applicant would operate the project without an ITP
and would risk not being in compliance with section 9 of the Endangered
Species Act if implementation of covered activities results in take of
the Indiana bat or the northern long-eared bat without the use of a
4(d) rule.
Next Steps
We will evaluate the permit application, associated documents, and
comments we receive to determine whether the permit application meets
the requirements of the ESA, NEPA, and implementing regulations. If we
determine all requirements are met, we will approve the HCP and issue
the ITP under section 10(a)(1)(B) of the ESA to the Applicant,
Wildhorse Mountain Wind Energy, LLC, for take of Indiana bat and
northern long-eared bat in accordance with the terms of the HCP and
specific terms and conditions of the authorizing permit. We will not
make our final decision until after the end of the 30-day public
comment period, and we will fully consider all comments we receive
during the public comment period.
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Requests for copies of comments will be
handled in accordance with the Freedom of Information Act, NEPA, and
Service and Department of the Interior policies and procedures. Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that the
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so. All
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, will be made available for public disclosure in their
entirety.
Authority
We provide this notice under the authority of section 10(c) of the
ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR
1506.6).
Amy L. Lueders,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2021-18450 Filed 8-26-21; 8:45 am]
BILLING CODE 4333-15-P
